Sudhakar v. State Rep By

C.V.KARTHIKEYAN,J.

The petitioner (A3) seeks anticipatory bail in Crime No.111 of 2021, registered by the respondent police for the offences punishable under Sections 419, 465, 467, 468, 471 and 34 of IPC.

2. The case of the prosecution is that the first accused who is a relative of the defacto complainant, had stolen the property document No.1168 of 2006 which was in possession of defacto complainant and thereafter, on 30.08.2017 registered a mortgage deed in favour of the petitioner in doc. No.6833 of 2017. It is stated that there has been impersonation of A1 and the property had been sold.

3. It is seen that the signature of the first accused was found in the disputed document. Further investigation has been completed and the petitioner is cooperating in the enquiry.

4. Taking all these factors into consideration, I am inclined to

grant anticipatory bail to the petitioner subject to the following conditions:

4.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thambaram on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

11.03.2024 rli

C.V.KARTHIKEYAN,J.

rli 11.03.2024